Again, when a murder had been committed it was usual for the gens of the murdered person to meet in council, and, after ascertaining the facts, to take measures for avenging the deed. The gens of the criminal also held a council, and endeavored to effect an adjustment or condonation of the crime with the gens of the murdered person; but it often happened that the gens of the criminal called upon the other gentes of their phratry, when the slayer and the slain belonged to opposite phratries, to unite with them to obtain a condonation of the crime. In such a case the phratry held a council, and then addressed itself to the other phratry, to which it sent a delegation with a belt of white wampum asking for a council of the phratry and for an adjustment of the crime. They offered reparation to the family and gens of the murdered person in expressions of regret and in presents of value. Negotiations were continued between the two councils until an affirmative or a negative conclusion was reached. The influence of a phratry composed of several gentes would be greater than that of a single gens; and by calling into action the opposite phratry the probability of a condonation would be increased, especially if there were extenuating circumstances. We may thus see how naturally the Grecian phratry, prior to civilization, assumed the principal though not exclusive management of cases of murder, and also of the purification of the murderer if he escaped punishment, and after the institution of political society with what propriety the phratry assumed the duty of prosecuting the murderer in the courts of justice.

At the funerals of persons of recognized importance in the tribe the phratric organization manifested itself in a conspicuous manner The phrators of the decedent in a body were the mourners, and the members of the opposite phratry conducted the ceremonies. At the funeral of Handsome Lake (Ga-ne-o-di'-yo), one of the eight Seneca sachems (which occurred some years ago), there was an assemblage of sachems and chiefs to the number of twenty-seven, and a large concourse of members of both phratries The customary address to the dead body, and the other addresses before the removal of the body, were made by members of the opposite phratry After the addresses were concluded the body was borne to the grave by persons selected from the last named phratry, followed, first, by the sachems and chiefs, then by the family and gens of the decedent, next by his remaining phrators, and last by the members of the opposite phratry After the body had been deposited in the grave the sachems and chiefs formed in a circle around it for the purpose of filling it with earth. Each in turn, commencing with the senior in years, cast in three shovelfuls, a typical number in their religious system, of which the first had relation to the Great Spirit, the second to the Sun, and the third to Mother Earth When the grave was filled the senior sachem, by a figure of speech, deposited "the horns" of the departed sachem, emblematic of his office, upon the top of the grave over his head, there to remain until his successor was installed In that subsequent ceremony "the horns" were said to be taken from the grave of the deceased ruler and placed upon the head of his successor The social and religious functions of the phratry, and its naturalness in the organic system of ancient society, are rendered apparent by this single usage.

The phratry was also directly concerned in the election of sachems and chiefs of the several gentes, upon which they had a negative as well as a confirmative vote After the gens of a deceased sachem had elected his successor, or had elected a chief of the second grade, it was necessary, as elsewhere stated, that their choice should be accepted and confirmed by each phratry It was expected that the gentes of the same phratry would confirm the choice almost as a matter of course, but the opposite phratry also must acquiesce, and from this source opposition sometimes appeared A council of each phratry was held and pronounced upon the question of acceptance or rejection. If the nomination made was accepted by both it became complete, but if either refused it was thereby set aside and a new election was made by the gens. When the choice made by the gens had been accepted by the phratries it was still necessary, as before stated, that the new sachem, or the new chief, should be invested by the council of the confederacy, which alone had power to invest with office.

The phratry was without governmental functions in the strict sense of the phrase, these being confined to the gens tribe and confederacy; but it entered into their social affairs with large administrative powers, and would have concerned itself more and more with their religious affairs as the condition of the people advanced. Unlike the Grecian phratry and the Roman curia, it had no official head. There was no chief of the phratry as such, and no religious functionaries belonging to it as distinguished from the gene and tribe. The phratric institution among the Iroquois was in its rudimentary archaic form; but it grew into life by natural and inevitable development, and remained permanent because it met necessary wants Every institution of mankind which attained permanence will be found linked with a perpetual want. With the gens tribe and confederacy in existence the presence of the phratry was substantially assured. It required time, however, and further experience to manifest all the uses to which it might be made subservient.

Among the Village Indians of Mexico and Central America the phratry must have existed, reasoning upon general principles, and have been a more fully developed and influential organization than among the Iroquois Unfortunately mere glimpses at such an institution are all that can be found in the teeming narratives of the Spanish writers within the first century after the Spanish conquest. The four "lineages" of the Tlascalans who occupied the four quarters of the pueblo of Tlascalan were, in all probability, so many phratries. They were sufficiently numerous for four tribes, but as they occupied the same pueblo and spoke the same dialect the phratric organization was apparently a necessity. Each lineage or phratry, so to call it, had a distinct military organization, a peculiar costume and banner, and its head war-chief (Teuctli), who was its general military commander. They went forth to battle by phratries. The organization of a military force by phratries and by tribes was not unknown to the Homeric Greeks Thus, Nestor advised Agamemnon to "separate the troops by phratries and by tribes, so that phratry may support phratry and tribe" [Footnote: Illiad]

Under gentile institutions of the most advanced type the principle of kin became to a considerable extent the basis of the army organization. The Aztecs, in like manner occupied the pueblo of Mexico in four distinct divisions, the people of each of which were more nearly related to each other than to the people of the other divisions. They were separate lineages, like the Tlas-calan, and it seems highly probable were four phratries, separately organized as such They were distinguished from each—other by costumes and standards, and went out to war as separate divisions. Their geographical areas were called the four quarters of Mexico.

With respect to the prevalence of this organization among the Indian tribes in the Lower Status of barbarism the subject has been but slightly investigated. It is probable that it was general in the principal tribes from the natural manner in which it springs up as a necessary member of the organic series, and from the uses, other than governmental, to which it was adapted.

In some of the tribes the phratries stand out prominently upon the face of their organization. Thus the Chocta gentes are united in two phratries which must be mentioned first in order to show the relation of the gentes to each other. The first phratry is called "Divided People," and contains four gentes. The second is called "Beloved People" and also contains four gentes. This separation of the people into two divisions by gentes created two phratries. Some knowledge of the functions of these phratries is of course desirable, but without it, the fact of their existence is established by the divisions themselves. The evolution of a confederacy from a pair of gentes—for less than two are never found in any tribe—may be deduced theoretically from the known facts of Indian experience. Thus the gens increases in the number of its members and divides into two these again subdivide and in time reunite in two or more phratries. These phratries form a tribe and its members speak the same dialect. In course of time this tribe falls into several by the process of segmentation, which in turn reunite in a confederacy. Such a confederacy is a growth, through the tribe and phratry, from a pair of gentes.

The Chickasas are organized in two phratries, of which one contains four and the other eight gentes, as follows:

I. Panther Phratry.